Can a lease agreement contain a clause that you forfeit your entire security deposit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a lease agreement contain a clause that you forfeit your entire security deposit?

My lease agreement states I forfeit my entire security deposit and this will not be applied to any costs associated with the breach (i.e. fees, legal fees, lost rents, advertising costs, property rehabilitation, cleaning, painting, repairs, lock changes, yard care, utility costs, etc). Is this legal?

Asked on December 9, 2011 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your lease can contain a forfeiture provision within it as to your security deposit which it presently does. However, under the statutes of all states in this country, forfeiture clauses in written agreements are strictly scrutinized in that many of them are deemed in violation of public policy and are unenforceable (void) as a matter of law.

From what you have written about the security deposit forfeiture provision in your lease it appears to be an invalid provision and not enforceable. Security deposits are placed to pay for damages to a rental upon move out assuming damages exist caused by the tenant.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption